Western Exploration LLC et al v. U.S. Department of the Interior et al

Filing 119

ORDER denying Plaintiff's ECF No. 109 Motion to Postpone the 2/1/2017 Hearing; denying Defendants' ECF No. 117 Motion to Postpone the Hearing. Signed by Judge Miranda M. Du on 1/26/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WESTERN EXPLORATION LLC, et al.,

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Plaintiffs,

Case No. 3:15-cv-00491-MMD-VPC
ORDER

v.
U.S. DEPARTMENT OF THE INTERIOR,
et al.,

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Defendants.

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The Court has reviewed Plaintiff State of Nevada’s Motion to Permit Supplemental

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Briefing (“Motion for Supplemental Briefing”) and Motion to Postpone the February 1, 2017

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Hearing (“Motion to Continue”) (ECF No. 109), the responses thereto (ECF Nos. 115, 116,

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118), and Defendants’ response and motion to postpone the scheduled hearing

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(“Defendants’ Motion”) (ECF No. 117). Defendants support the continuance of the hearing

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to permit the incoming administration time to be briefed and consider whether any

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supplemental briefing should occur.1 However, the Court has not decided whether to

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permit supplemental briefing, but will give the parties an opportunity to address this issue

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at the hearing. The Court agrees with Intervenor-Defendants that the hearing could be

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instructive on whether supplemental briefing should be permitted. The dispositive motions

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have been fully briefed and pending for quite some time and due to the Court’s upcoming

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Court understands the need to brief the incoming administration about this
case, but in terms of the issues to be addressed at the hearing, they have been fully briefed
so it is unclear what decisions would need to be made at this point. Nor do Defendants
explain why the hearing cannot proceed in the meantime.

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trial schedule, postponing the hearing will result in further delays of several months.2 The

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February 1, 2017, hearing will proceed as scheduled and if the Court determines that

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supplemental briefing is warranted, the Court will set a briefing schedule.

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It is therefore ordered that Plaintiff’s motion to postpone the February 1, 2017,

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hearing (ECF No. 109) and Defendants’ motion to postpone the hearing (ECF No. 117)

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are denied.

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DATED THIS 26th day of January 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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2Plaintiffs’

motion for summary judgment was filed on April 1, 2016. (ECF No. 67.)
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